Insured ordered to repay $27,000 in income replacement benefits due to willful misrepresentation of collateral benefits.
The applicant was involved in a motor vehicle accident and received an Income Replacement Benefit (IRB).
The respondent insurer sought repayment of $101,571.44, alleging the applicant willfully misrepresented his functional abilities and receipt of collateral disability benefits.
The Tribunal found no willful misrepresentation regarding functional abilities or CPP disability benefits, but found the applicant willfully misrepresented his receipt of $43,400 in disability income from RBC Insurance.
The Tribunal ordered the applicant to repay $27,000 of the IRB, representing the overlapping period, plus interest.
OLATOntario Licence Appeal TribunalMay 15, 2024